DI SABATINO v. MERTZ

No. 2979.

82 F.Supp. 248 (1949)

DI SABATINO et al. v. MERTZ.

United States District Court M. D. Pennsylvania.

January 28, 1949.


Attorney(s) appearing for the Case

Louis H. Wilderman and Samuel Polsky, both of Philadelphia, Pa., and James W. McNulty, of Scranton, Pa., for plaintiffs.

Frank M. Walsh, of Scranton, Pa., for defendant.


MURPHY, District Judge.

Defendant moves to dismiss plaintiffs' complaint averring that the action is barred by the statute of limitations.1

Plaintiffs, citizens of Delaware, seek to recover from defendant, a citizen of Pennsylvania, for personal injuries sustained in the State of Virginia. Suit could have been brought in Virginia and service obtained on defendant though he was a nonresident of that State. Section 2154(70), Virginia...

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